Fitgure™® team welcomes you to our fitness platform. For us, the most important thing is you. Therefore, it is important that you read and know the following terms and conditions of use set out below, which you must follow and comply with as a Fitgure™® user, so that you can get an optimal and fun exercise experience.
Fitgure™® is a system for physical activity, based on a Software-As-A-Service (SaaS) type product and cross-platform mobile application, giving access to complete programs and physical training routines designed by athletes, fitness influencers, personal trainers, exercise professionals and/or people related to services in the fitness, health, and wellness sector. Generating training methods, focused for each type of person, seeking to provide a better training experience in each session to achieve their physical goals and improve their health.
Before you start using our system, you should be sure that:
● When you use our services, responsibility for any risk associated with physical activity performed is yours.
● Always, before starting any training program, you should consult your doctor or sports health professional.
● The account registered with Fitgure™® is personal and non-transferable. Therefore, the information you provide to Fitgure's platform and services™® must be real and consistent with your physical characteristics.
● Fitgure™® has a user profile selection and physical exercise engine, based on the data provided to the platform (body indicators, physical characteristics, etc.), classifying user risk at various levels (High, Medium, and Low). In addition, it categorizes the user according to their workout periodicity.
● Always put your safety first, never tamper with your device during the execution of the exercise or physical activity you are performing or in potentially dangerous places in your training environment, work or where you are using our services. Follow the respective signs and security recommendations of where you are.
PLEASE READ THE TERMS AND CONDITIONS COMPLETELY BEFORE USING Fitgure's ™® SERVICES.
BY DOWNLOADING OUR SYSTEM, VERIFYING ACCEPTANCE TO THE TERMS AND CONDITIONS ON THE REGISTER SCREEN AND USING THE PLATFORM FROM THE WEBSITE ("WEBSITE"), APPLICATION ("APPLICATION) OR ANY OTHER DEVICE ("DEVICE"), YOU AGREE TO THE TERMS AND CONDITIONS IN ITS ENTIRETY. IF YOU DO NOT AGREE TO ANY POINT OR NONE, PLEASE DO NOT USE OUR SERVICES.
These terms and conditions ("Terms"), including the terms set forth in the Privacy Policy ("Privacy Policy"), apply to your use of all services ("Services") provided by Fitgure™®, its subsidiaries and affiliates through the www. fitgure.com ("Site"), all associated sites, through the distribution channels and required software applications ("software") that are used in connection with the User Services ("User" or "you") of the Services. These terms may be revised from time to time. At any time, the current version of the Terms can be found on the site (www.fitgure.com – Terms and Conditions).
Fitgure™® is a service-based system that provides access to complete programs and/or fitness routines designed by athletes, fitness influencers, personal trainers, exercise professionals and/or people related to fitness, health, and wellness.
The services offered by Fitgure™® seek to focus physical activities and exercises, defining categories to train in a gym, training center or at home, according to the specifications and / or characteristics arranged and defined by each athlete. These services are provided over the Internet and can be accessed by the user through their internet browser ("Browser") or by using the mobile application (Tablet, Smarthphones, laptop, etc.) ("Device") with connection to our platform. Fitgure™® does not charge for the transmission of data over the Internet. These costs are those defined by your internet service provider or mobile network and these are borne by the user.
The services offered by Fitgure™® are intended for users over the age of 13 only. Users who are not of legal age in their respective country of residence and/or origin must read and review the terms of use and privacy policies with your parent and/or legal guardian, to understand and accept them, to access and use our services. If you are under the age of 13, please do not use our services. If you access the platform, you warrant and represent that you are on legal age or accept the terms as described above, along with your parent and/or legal guardian.
A DOCTOR SHOULD ALWAYS BE CONSULTED BEFORE STARTING ANY PHYSICAL ACTIVITY OR EXERCISE PROGRAM. SPECIAL EMPHASIS IS PLACED ON THIS, IF ANY OF THE FOLLOWING SYMPTOMS OR ASSOCIATED OCCUR:
- Special heart conditions diagnosed.
- Pain in the chest, neck, or any of your limbs.
- Problems with the joints or bones.
- Diagnosed breathing problems or difficulties.
- If you are taking any medicines, especially associated with circulation or blood pressure.
- If you suffer from vertigo or dizziness occasionally.
IF YOU DO NOT HAVE ANY ABOVE-MENTIONED DIFFICULTY OR ANOTHER SPECIAL PHYSICAL CONDITION DIAGNOSED, YOU SHOULD START PERFORMING PHYSICAL ACTIVITY GRADUALLY AND PRUDENTLY. IN THE MOMENT IN WHICH YOU FEEL ANY SYMPTOMS OR DISCOMFORT THAT DOES NOT ALLOW YOU TO PERFORM THE PHYSICAL EXERCISE, YOU SHOULD IMMEDIATELY STOP PHYSICAL ACTIVITY AND CONSULT YOUR DOCTOR. YOU ARE RESPONSIBLE FOR PROVIDING TIMELY INFORMATION TO Fitgure ™ ® OF ANY SYMPTOMS OR MEDICAL RESTRICTIONS THAT MAY APPEAR, THROUGH THE SUPPORT CHANNELS OF THE PLATFORM.
THE CATEGORIZATION OF USERS, EXERCISES AND PHYSICAL ACTIVITIES SUGGESTED ON THE PLATFORM ARE BASED ON THE STANDARDS, REGARDING THE PRESCRIPTION OF EXERCISE ESTABLISHED BY INTERNATIONALLY SPECIALIZED INSTITUTIONS, DESIGNED BY ATHLETES, PHYSICAL TRAINERS, EXERCISE PROFESSIONALS, FITNESS INFLUENCERS AND / OR GRADUATES IN PHYSICAL CULTURE AND SPORT. THIS SYSTEM SEEKS TO COMPLEMENT THE WORK OF DOCTORS AND EXERCISE PROFESSIONALS AND IS NOT AT ANY TIME A SUBSTITUTE FOR PROFESSIONAL MEDICAL AND SPORTS ADVICE. YOU SHOULD CONSULT QUALIFIED PHYSICIANS AND/OR OTHER HEALTH PROFESSIONALS REGARDING YOUR PARTICULAR NEEDS.
You understand and agree that the execution of all your sports and/or recreational activities, including those found on our platform, you may have inherent, implied and/or expressed risks of bodily, physical or death injuries and/or property damage
You voluntarily understand and agree and under your responsibility that you will assume all known and unknown risks associated with this type of sporting or recreational activity, even if such risks may be claimed to be caused in whole or in part by the actions, omissions, or negligence of Fitgure ™ ® or others.
You understand and agree that you download and install Fitgure™® and use the Services at your own risk, will be solely responsible for your use and any damage to your mobile device, computer, or any other device through which the services are accessed, data loss or other damages of any nature that may occur as a result thereof.
THE PLATFORM, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, VIOLATION OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL Fitgure™® BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL, LOSS OF BENEFITS, OR DAMAGES CAUSED BY LOSS OF DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM, CONTENT OR SERVICES, WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY,
The platform and its content may contain technical inaccuracies or typographical errors or omissions. If you find such inaccuracies, you can contact support@fitgure.com, notifying the error, and our team will contact you within 30 calendar days. We reserve the right to make changes, corrections and/or improvements to the platform AT ANY TIME WITHOUT NOTICE.
THE TRAINING PROGRAMS AND ROUTINES AVAILABLE ON THE PLATFORM ARE DESIGNED, STRUCTURED AND PERFORMED BY ATHLETES, PERSONAL TRAINERS, FITNESS INFLUENCERS, EXERCISE PROFESSIONALS AND/OR PEOPLE RELATED TO FITNESS, HEALTH AND WELLNESS. THE CONTENT PROVIDED IN EACH OF THEM UNIQUELY AND EXCLUSIVELY REPRESENTS THE OPINION AND/OR THINKING OF EACH OF THE ATHLETES RELATING TO THE INFORMATION, DATA AND/OR ELEMENTS SET FORTH IN THEIR RESPECTIVE ROUTINES, PROGRAMS, ARTICLES, PUBLICATIONS AND OTHER MULTIMEDIA MATERIAL (TEXT, IMAGES, VIDEOS) CREATED IN THEIR AUTHORSHIP. Fitgure™® IS PRESENTED ONLY AS A PLATFORM FOR DISTRIBUTION AND ACCESS.
The user undertakes, under his/her responsibility, to only use the Fitgure platform™® for purposes permitted by law. The user will not use Fitgure™® to cause discomfort or inconvenience to others. It is forbidden to use the platform to block the proper functioning of the system. Copying and/or distribution of the software that is part of Fitgure™®, in whole or in any of its parts, is prohibited without the written permission of Fitgure's intellectual property owners™® even if the purpose of such copying is an economic non-profit activity. Fitgure™® software is for personal, non-transferable use. The sale to third parties of the software, part of the software, or access to the tool and the services offered by it is prohibited. It is the user's duty to keep their username and password secret as it is user "X" who will be responsible for a third person “Y” misuse of Fitgure™® using the username and password of "X". The user must provide the system with the identification evidence that are requested by the system for registration, entry, cancellation, or termination of the use of the services.
Fitgure™® will generate a registration/access account for the User. The User will only use the platform through the account created exclusively for the User. The User shall immediately notify Fitgure™® of any actual or suspected unauthorized use of the platform or Services offered. Fitgure™® reserves the right to suspend, deactivate or replace the User's account if it determines that this account may have been used for unauthorized purposes.
The User has no right to license, sell, resell, re-license, assign, distribute, advertise, perform any unauthorized access, pentesting, "cracking”, keygen, key generator, exploit or commercially take advantage of any of the application, brand, tools, or services provided by Fitgure™®, or any of its parts and/or components. The User has no right to modify or do work based on Fitgure™® software, software parts or brand. The User has no right to link, mirror Fitgure™® services, provide Fitgure™® service, impersonate any Fitgure member™® or enter third-party data into your own account, for or without profit. The User has no right to do "reverse-ingeneering" (disarm the application in its components to understand its operation, whether for academic and/or non-profit purposes).
Fitgure™® reserves the use of the information entered by the User at the time of registration on the platform and the information generated or derived from the use of the system. Registration information is essentially used for access to platform services and for the continuous improvement of Fitgure™®. The information collected through user interaction with Fitgure™® services and derivatives will serve as a database for thetreatment, analysis and consolidation of these, to define results regarding the study of the impact on users and their lifestyle. This resulting information will be used as an academic research support and will be disclosed at the time of completion of the corresponding study, through the analysis and impact work carried out by academic research groups and will be made available to Fitgure ™® users.
The User retains all property rights and intellectual property in the data. The User grants Fitgure™® the non-exclusive, worldwide, royalty-free, irrevocable and totally free of charge right to use, process and/or transmit the data provided, to provide the Services offered on the platform. Fitgure™® may collect and analyze data and other information (including but not all usage data) related to the provision, use and performance of the Fitgure Services™® and related systems (including but not limited to information about User data and data derived from them), during and after the term of this agreement, Fitgure™® may use such data and information to improve the Services and for other development, diagnostic and correction purposes, related to the Services offered and similar, as well as disclose such data, related to its business and in accordance with the Privacy Policy. Fitgure™® retains all ownership and intellectual property rights in and to: (i) the Services offered on the platform; (ii)everything developed or delivered by Fitgure™® or on its behalf under this Agreement; and (iii) any amendment to points (i) and (ii).
All rights not expressly granted by Fitgure™® to the User under this Agreement are reserved.
Fitgure™® gives access to the Services through memberships, through subscription for the set time. Fitgure™® Services rates and times are described on the website and/or in-app ("Fees") and are paid based on the frequency identified in the subscription plan selected by the User. The User will pay the fee for the use of the Services offered on the platform, following the payment methods specified in this agreement. Unless otherwise stated, all Rates are paid in advance.
For automatic payment purposes, this form of payment is not currently enabled. Any User wishing to continue with the Services may purchase any membership offered by Fitgure™®, prior to or after the final termination of the current subscription.
Regarding changes in rates, Fitgure™® reserves the right to change the Rates and inform the User at least 60 days in advance.
On Cancellation and/or Refunds, once payment of the membership selected by the User is made, there will be no refund for concepts associated with the acquisition of the respective subscription. For cancellation purposes, the user will have the full validity of the acquired membership and, if he/she does not wish to continue receiving the service, the User must not make a new payment, being deactivated by Fitgure™® the services that meet his/her up-to-date time. At no time will Fitgure™® make automatic payments and/or additional charges to maintain the service and/or reactivate the platform's services. The only way for the User to access such exclusive services will be to acquire a new membership, according to the corresponding Fees and through the payment channels enabled and described on the website, Application and/or this agreement.
Disputed invoices or charges. If the User believes that Fitgure™® has incorrectly charged him or her or believes that the payment has inconsistencies, the Registered Account Holder User must communicate through team@fitfitgure.com within a reasonable time after being charged by Fitgure™®, attaching the corresponding evidence to the inconsistency and payment made, in order to request the respective adjustment, being reviewed and analyzed by Fitgure™®,to perform any effect on the charge identified when the User notifys it. In the event of a dispute, the User will pay the undisputed amounts in accordance with the payment terms in this document, and the parties will discuss the disputed amounts in good faith to resolve this dispute.
Late payment. The User may not withhold or compensate any amount due under this Agreement. Fitgure™® reserves the right to suspend Access to the User to the Services offered on the platform, until all amounts due are paid. Any late payment will be increased by collection costs (if applicable).
The Fees specified in this agreement, website and/or Application include IVA, Other taxes are not applied and, if required, will be assumed by the User and informed by Fitgure™® in advance.
Payments to purchase Fitgure™® services are made through Third Party Payment Processors. To do this, the User will pay the Fees with a valid credit card, debit card or other payment method (e.g., PayPal, bank transfer, etc.) accepted by Fitgure™®. By using the Fitgure Services™®, you authorize Fitgure's third-party payment processor™® to post a pre-authorized Fee charge, and to charge the Fees to Customer's credit card, debit card, or other payment account. Rates include payment processing fees charged by Fitgure™® third-party payment processors, which the User will be solely responsible for. By using the Fitgure™® Services, the User authorizes Fitgure™® third-party payment processors to deduct and send directly to Fitgure™® any amount owed to Fitgure™® pursuant to this Agreement. Third-party payment processors are not subcontractors or Agents of Fitgure™® and any dispute between the User and a third-party processor with respect to payments or lack thereto is between the User and the third-party payment processor. Fitgure™® and its third-party payment processors are not responsible for the transmission or processing of any payment that the User makes in accordance with the use of the Fitgure™®. The User’s use of payment services provided by Fitgure’s third-party payment processors™® may be subject to additional terms and conditions made available to the User by such payment processors.
To have the platform available for as long as possible and available to the User, Fitgure™® uses service availability monitoring equipment to monitor the Services offered 24 hours a day, 365 days a year. Generally, the User will have access to Fitgure™® technical support from 9 am to 5 pm Colombia time, Monday through Friday (except legal and civic holidays defined for Colombia): (i) by email to team@fitgure.com. The User will consult the documentation and troubleshooting information that Fitgure™® makes available (including on the website) before contacting Fitgure™® for assistance. Fitgure™® reserves the right to limit the User's access to the media if it does not comply with these terms or uses an excessive amount of support.
The intellectual property of the development of the platform, its services and tools included is exclusive to Fitgure™®. This includes all software, its parts, the one in implementation, its future releases, and its derivatives, as well as its documentation, design, and testing. Also included are the brand, logo, name, and any of its components, as well as any objects that refer to the Fitgure™® platform.
Fitgure™® reserves the right to modify, discontinue, suspend and/or terminate any, and all services on the platform without notice. If the user(s) incurs a violation of any of the terms contained herein or the privacy policies defined (See Privacy Policies), the account will be terminated to the user, eliminating their registered and collected information, without obligation to return or send information requested by the user or any payment or refund that may arise for that purpose.
In compliance with the Statutory Law 1581 of 2012 and its Colombian regulatory decrees, by accepting this document the user authorizes Fitgure™® the processing of his personal data in accordance with the purposes and other conditions established in the privacy policy (See Privacy Policies), which the User declares to know and accept. It should be noted that, in the privacy policy, in addition to the purposes are the rights of the user regarding the processing of their personal data and the way in which they are exercised against the company.
If the Application is provided to you through the Apple Inc. App Store (Apple Inc. together with all its affiliates, "Apple"), the following terms and conditions apply to you in addition to all other terms and conditions defined herein:
The parties acknowledge that these Terms and Conditions are concluded between the User and Fitgure™®, and not with Apple. Responsibility for fitgure's Application and/or platform™® and the content there of them is covered by the terms and conditions defined in this agreement.
Regardless of the guidelines defined in these Terms and Conditions, you may use the Application only through your own Apple device or that you control on your own.
User and Fitgure™® acknowledge that Apple is under no obligation to provide any maintenance or support services with respect to the Application, platform and/or any of the services offered by Fitgure™®.
If the App does not comply with any applicable warranties, you may notify Apple and Apple will refund the purchase price of the App (if applicable). Except as above, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Application and any other claim, loss, liability, damage, cost, or expense attributable to failure to comply with any aspect described in the terms and conditions of use.
Any claims relating to the Application relating to product liability, breach of applicable legal or regulatory requirements, claims under consumer protection, or similar law are governed by these Terms and Conditions, and Apple is not responsible for such claim.
Any third party who believes that the Application, its possession and/or use of the Application infringes the intellectual property rights of third parties shall be governed by these Terms and Conditions. Apple shall not be liable for the investigation, defense, resolution and/or download of such intellectual property and/or infringement claim.
You represent and warrant that you are not: (i) located in any country that is subject to an embargo by the United States government, or that you have been designated by the United States government as a "terrorism support" country; or (ii) included in any list with prohibitions or restrictions by the United States government.
You may contact us in writing regarding any notice, question, complaint, or complaint regarding the Application to team@fitgure.com.
Apple is a third-party beneficiary of these Terms and Conditions and may enforce these against you, as it deems and requires.
If any of the guidelines in these Terms and Conditions are inconsistent or conflict with Apple's applicable instructions for the Minimum Terms for the Developer End User License Agreement or app Store Terms of Service as of the Effective Date, the terms, and conditions of Apple's instructions for the Minimum Terms for the Developer End User License Agreement or the App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
If the Application is provided to you through Google Inc. (Google Inc. together with all its affiliates, "Google") Google Play, the following terms and conditions apply to you, in addition to all other terms and conditions of this Agreement.
You acknowledge that Google is not responsible for providing support services for the Application.
If any of the terms and conditions of these Terms and Conditions are inconsistent or conflict with the Google Play Developer Distribution Agreement on the date these Terms and Conditions were accepted, the terms and conditions of the Google Play Developer Distribution Agreement shall apply to the extent of such inconsistency or conflict.
The Fitgure™® team reserves the right to modify the terms and conditions of this document without prior notice to you. The amendments will take effect as soon as they are published to the public. It is the user's duty to know the terms and conditions of use, as well as the modifications made to them, and if they do not agree, suspend the use of our platform, and delete it from their device or computer.
These Terms and Conditions are updated as of December 7, 2020.
Any information or communication can be made to team@fitgure.com